In a highly anticipated development, a state hearing officer in Illinois has recommended that the courts, rather than the State Board of Elections, make a decision regarding former President Donald Trump's inclusion on the state's primary ballot. The recommendation came after an objection was raised by a group of five Illinois voters, a national voting-rights organization, and two Chicago law firms, seeking to prevent Trump from appearing on the 2024 ballot.

The objection is part of a broader strategy across multiple states to bar Trump from seeking public office based on the language of the 14th Amendment, which prohibits insurrectionists from doing so. Notably, the U.S. Supreme Court is currently reviewing a similar case involving Trump's candidacy in Colorado.

Retired Republican judge Clark Erickson, who served as the hearing officer, submitted a scathing assessment of Trump's involvement in the January 6th insurrection at the U.S. Capitol. Erickson criticized the former president for "fanning the flames" that ultimately led to the breach of the Capitol and attempts to overturn the 2020 presidential election. However, Erickson ultimately opined that the constitutional dispute regarding the 14th Amendment should be resolved by the courts rather than expedited proceedings of the State Board of Elections.

Erickson's recommendation, which was obtained by WBEZ, is now under consideration by the Illinois State Board of Elections. The full board is scheduled to hold a hearing on Tuesday to determine the next course of action. The recommendation underscores the complex nature of the constitutional issue at hand and suggests that the board lacks the legal authority and expertise to make a final determination.

Despite Erickson's scathing assessment of Trump's involvement in the insurrection, he concluded his recommendation with a twist. If the board were to disagree with his stance, Erickson suggested that they consider removing Trump from the primary ballot if the evidence presented at the hearing proves, by a preponderance of the evidence, that Trump engaged in insurrection as defined by Section 3 of the Fourteenth Amendment.

Notably, a spokesman for the voting rights organization involved in the objection commended Erickson's determination that Trump participated in an insurrection and expressed hope that either the State Board of Elections or Illinois' courts would use this finding to bar Trump from appearing on the state's ballot.

The State Board of Elections comprises eight members, with an equal split between Democrats and Republicans. For Trump to be removed from the March 19th primary ballot, all four Democratic members and at least one Republican member would need to agree, an outcome considered improbable. In the event of a deadlock, the objectors would likely seek legal recourse in the circuit court, potentially leading to a legal battle that could eventually reach the Illinois Supreme Court.

The Trump campaign has stated that it will refrain from commenting on the matter until after the State Board of Elections makes its decision on Tuesday. As the case unfolds, the spotlight remains on Illinois, where the legal battle over Trump's candidacy continues to unfold in the wake of his alleged involvement in the January 6th insurrection.